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The respondent No.1 posted the applicant to the post of Emergency Medical Officer (Turtu Chikitsa Vaidyadhikari) at Government Hospital, Khanapur. It is the order dated 22.08.2022 (Annexure-A8) which the applicant is challenging at present on the ground that the post is below his qualification and seniority.

2. The learned Counsel for the applicant has strongly pleaded that the case on ground that the applicant has been subject to arbitrary orders. The applicant was posted on 09.07.2021 as District Surgeon and Director BIMS and respondent Nos. 4 and 5 having bias against the applicant did not issue the reposting order. His representations were not considered by respondent No. 5. The respondent No.6 as Administrator BIMS had no authority to refuse the applicant or to challenge the Government order. The applicant has filed application No.10878/2021 and this Tribunal directed the respondent Nos. 4 and 6 to consider the representation of the applicant and take suitable action within three weeks. Inspite of the order, the respondents did not take him on

4. The learned Counsel for respondent No.4 has vehemently argued that the applicant was not taken on duty as District Surgeon and Director BIMS as he does not possess requisite qualification. He has not completed 20 years of service. Being regularized in 2006 he has completed only 15 years of service and his qualification as Forensic Science MD is para clinical the required qualification for the post of District Surgeon as per Government order dated 02.06.2011 is clinical. Lastly, he doesnot possess a good service track record being relieved from BIMS on 31.05.2021 due to gross negligence of duty during Covid for which an enquiry has been instituted. The respondent No.6 had intimated these facts to respondent No.1 vide his letters dated 13.07.2021 and 09.08.2021 to withdraw the posting order dated 09.07.2021 there was no action from Government. The respondent No.4 has argued that applicant's representation for reposting order was considered and a reasoned-out order was given on

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NC: 2023:KHC-D:8004-DB applicant. As such there is no bias or malafide in the action of respondent No.4.

7. We have heard the learned Counsel for both parties and learned AGA for respondents. Admittedly, the applicant is medical officer and is MD in Forensic Medicine and was working in BIMS as Technical Expert since 2019. However, he was relieved from BIMS on 31.05.2021 due to negligence of duty in dealing with dead bodies during covid and was relieved and directed to report to respondent No.1. He was posted as District Surgeon and Director, BIMS on 09.07.2021 by respondent No.1. However, due to certain reservation in his qualification the administrator BIMS and respondent No.6 wrote to respondent No.1 to reconsider his posting. Aggrieved by this action of respondent Nos.4 and 6 the applicant has filed A.No.10848/2021 at the Tribunal who by its order dated 24.08.2021 remitted back the matter to respondent Nos. 4 and 6 to consider his representation for Issuing reposting order within three weeks. The respondent Nos. 4 and 6 issued a speaking order giving reasons for not taking him on duty and gave endorsement to him. This fact was suppressed by the applicant and he has filed the Contempt petition which was dismissed by Tribunal due to stay order by the Hon'ble High Court.

8. The Hon'ble High Court directed the respondent No.1 to pay his salary with effect from the date of issue of order dated 09.07.2021 till alternative posting order dated 22.08.2022. The Hon'ble High Court did not issue any direction to matter related to order dated 09.07.2021 but only touched upon dealing with issue of reposting orders in future.

9. The applicant has been now posted to Taluka Hospital of Khanapur as Emergency Medical Officer (Turtu Chikitsa Vaidyadhikari) which he is challenging. The applicant has not yet joined the duty on the ground that the order of transfer is vitiated by bad faith as it is in nature of punishment inflicted on him. He has attempted to substantiate that the present posting is much below his qualification and he should be posted as District Surgeon and Director. BIMS a post he was not allowed to join and which is still vacant.